This term paper assignment involves the issue of the government "taking" of private land which we will deal with in more detail when we get to Chapter 17. As always, if you have any questions or...

Real Estate Law        2
REAL ESTATE LAW
Table of Contents
Introduction    3
Analysis    4
Conclusion    8
Bibliography    9
Introduction
According to the real estate law in United States if there is any damage of property by public authorities, then the concerned authority needs to compensate for such losses. If such losses happen due to natural causes, then the aggrieved party can look for other means in order to obtain the compensation. Dams are usually operated by public organizations and the federal government in United States. It’s the responsibility of the government to maintain the dam. Further, if there is a failure due to uncontrolled release of the reservoir it can have a devastating effect on the people living in the community as well as the properties downstream (Dam Safety, 2021). In the case of Johnny, he cultivated fruit orchid on a 365 acre of land which was purchased by him in the year 1976 and located near the Floods lot river. Further, the land he purchased was entirely his property and could be used in a way he wants. Also, the land got registered in his name and was granted authority to use the land as per the laws of United States. This meant that any damage caused to his property has to be compensated fully by the government of United States.
    The dam was created in the year 1930 and was financed by the US federal government. Further, the dam was structured 4 miles upstream the land of Johnny. Post construction of the dam and during its operation there were several benefits provided to the people of the community living in the downstream. These benefits were in the form of getting fresh drinking water, sufficient electricity, controlling the floods during rainy season and generating revenues from recreational activities. The main problem occurred in the year 1996 when the dam water was released for reconstruction to the downstream, resulting in flooding the entire community and also the fruit property of Johnny. The agency who was responsible for the entire process did not conduct any assessment with respect to what might happen if the water was released to the river. Thus, due to the release of the water in the river from the dam, Johnny’s fruit orchid on the 365 acres of land was damaged. Due to this damage suffered, it necessitates due process and compensation.
Analysis
    If Johnny wants to get compensated for the damages caused to his property, then he has to understand the meaning of property. In simple terms property is the land which have permanent improvements attached to the lands. Such permanent establishments can be natural or man made and consists of trees, minerals, buildings, fences, water body and bridges (Chen, 2021). Thus, it is anything on which the individual attaches their rights and has got the right over it. Formerly, land and money can be referred to as the property. Further, the property must be under the ownership of the individual and will have the freedom to use it as per his own requirement. Thus, the individual can be said to be the owner of the property when they can exercise their own rights over it. But in case some external powers are prevailing, then the owners right is obstructed.
    Further, according to the US constitution the word property is not appearing in the preamble. It’s the federal papers which makes it clear in parts with respect to the protection of individuals property rights. If we use the Madisonian concept of property, then it is the fundamental characteristic which creates the integrity of the individuals, life liberties and the preamble states about the manner in which the property rights can be protected.
    According to my view, a free society cannot exist when there is no strong protection implemented by the federal government with respect to the property of the individuals. Further, there must be proper laws established for protecting the property of the individual from jealousy. In case of Johnny’s property there can be two relations which can be identified. The first subset is between the owner and physical power with respect to the owner to use something. Secondly, its between the owner and rest of the society where the cases can be identified. Apart from the property owner’s right, no other individual can trespass the property. Any trespassing or damage of the property has to be compensated. From this case, it is known that the property was being destroyed due to the flood water released from the dam. As a result, the owner’s right or power to use the property was destroyed. Further, the flooding was due to the individual authority and was not caused naturally. It will be the personnel responsible for operating and releasing the water from the dam, made to pay for the damages. This was because they are trained and have sufficient experience of operating a dam during any catastrophic situation. They also have to ensure such releases from the dam will not damage the property of the people living downstream. Hence, according to this case it can be stated that the concerned personnel did not take any initiatives to ensure that the water released from the dam does not impact the people’s property downstream.
    When a dam is supposed to be dissembled, the dam authorities should have undertaken certain initiatives for ensuring that the water did not affect the individual property such as Johnny in this case. Many thinks that dams are blown up with explosives. But the truth is that explosives are rarely used for demolishing the dams and to restore the rivers. Further, explosive might make the process easier while dismantling the structure and making the excavation easier. Thus, the exact method of removal or demolishing of the dam usually depends on the identifying the size of the dam, the materials with which the dam is constructed and several other factors. Further, in most of the cases due to...